It is not an unknown fact that counterfeiting and hacking are developing, putting at risk the business community. They constitute violations of the rights of holders of copyright, trademarks, or know-how, whatever the size of the company. At the 2nd edition of the Cosmetic 360 show, Emmanuelle Gourbin and Margaux de Bodard, corporate lawyers at the FEBEA (French Federation of Beauty Companies), discussed intellectual property and the best ways to protect it.
Whatever their size, type, or activities, all companies use intellectual property to create, develop, and secure their different creations. That is often what constitutes their wealth, and it is also something to manage and protect.
Intellectual property
The two speakers started by reiterating the framework of intellectual property.
A notion with different aspects
Intellectual property is a legal tool to protect creations. It covers two dimensions:
• Literary and artistic property for artistic works: copyright
• Industrial property for utilitarian creations: patents, drawings, models, trademarks
Copyright
It protects original works bearing the author’s mark (novel, photography, sculpture…). This protection does not require any specific action.
Drawings and models
They protect new, visible, non-functional decorative characteristics (e.g.: design of a flask). This protection involves a procedure with the appropriate administration, such as INPI (French National Industrial Property Institute).
Patent
It protects a new technical invention.
Trademark
It protects a distinguishing feature which helps make a distinction between the products of a company and those of the competition.
Intellectual property and cosmetic companies
Almost all companies have at least a company name, one or several brands… Most of them also hold valuable information (know-how, commercial or financial information, data regarding their projects, …
